29 May, 2018
We have compiled a quick update regarding the progress of labour hire licensing laws:
Victoria
The Labour Hire Licensing Bill 2017 (Vic) (Bill) was debated in Victoria’s upper house on Friday (see Hansard here). Some clauses of the Bill were agreed (including the definition of ‘labour hire services’). Minister Pulford (ALP) said certain arrangements will be:
- excluded by regulations (e.g. secondments, labour supplies among a group of entities carrying on business collectively, and the provision of directors or business owners in certain circumstances); or
- otherwise not covered by the scheme (e.g. the provision of professional or trade services to a third party, genuine subcontracting arrangements, and certain outsourcing arrangements).
The upper house will resume considering the Bill from 5 June 2018.
Australian Capital Territory (ACT)
A Parliamentary Committee Report was published recently in which the Committee recommended (among other things) that the ACT Government (i) advocate for a national labour hire licensing scheme and (ii) introduce an ACT-specific licensing scheme (acknowledging that the former may not happen soon). Two Liberal members issued a dissenting Report which did not recommend an ACT-specific scheme. We expect a Bill for an ACT-specific scheme will be introduced soon.
Queensland
The deadline for licence applications is less than three weeks way (i.e. 15 June 2018).
South Australia
Deadlines for licence applications is 1 December 2018. The scope remains broad, but South Australia has granted an exemption from the obligation to hold a labour hire licence to persons licensed pursuant to:
- Section 6 of the Building Work Contractors Act 1995;
- Section 6 of the Plumbers, Gas Fitters and Electricians Act 1995; and
- Section 6 and 7A of the Security and Investigation Industry Act 1995 (excluding licensed security agents and licensed investigation agents subject to employee conditions).
For further information, please contact:
Adam Ray, Herbert Smith Freehills
adam.ray@hsf.com
